2017 -- S 0743

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LC002401

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

     Introduced By: Senator Walter S. Felag

     Date Introduced: April 12, 2017

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-1-46 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-46. Insurers.

     (a) Beginning January 1, 2016, a portion of the amount collected pursuant to § 42-7.4-3,

up to the actual amount expended or projected to be expended by the state for vaccines for

children that are recommended by the Advisory Committee on Immunization Practices (ACIP),

the American Academy of Pediatrics (AAP), and/or mandated by state law, less the federal share

determined by the Centers for Disease Control and Prevention, less any amount collected in

excess of the prior year's funding requirement as indicated in subsection (b) (the "child

immunization funding requirement") shall be deposited into the "childhood immunization

account" described in § 23-1-45(a). These funds shall be used solely for the purposes of the

"childhood immunization programs" described in § 23-1-44, and no other. Beginning January 1,

2016, a portion of the amount collected from the healthcare services funding method described in

§ 42-7.4-3, up to the actual amount expended or projected to be expended by the state for adult

immunizations recommended by ACIP and/or mandated by state law, less the federal share

determined by the Centers for Disease Control and Prevention, less any amount collected in

excess of the prior year's funding requirement as indicated in subsection (b) (the "adult

immunization funding requirement") shall be deposited into the "adult immunization account"

described in § 23-1-45(c). These funds shall be used solely for the purposes of the "adult

immunization programs" described in § 23-1-44 and no other.

     (b) The department of health shall submit to the general assembly an annual report on the

immunization programs and costs related to the programs, on or before February 1 of each year.

     (c) Any funds collected in excess of funds needed to carry-out ACIP recommendations,

taking into account a reasonable annual carry forward surplus, shall be deducted from the

subsequent year's funding requirements.

     (d) The childhood immunization account and the adult immunization account shall be

exempt from the indirect cost recovery provisions of §35-4-27.

     SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"

is hereby amended to read as follows:

     35-4-27. Indirect cost recoveries on restricted receipt accounts.

     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From

contributions from non-profit charitable organizations; (2) From the assessment of indirect cost

recovery rates on federal grant funds; or (3) Through transfers from state agencies to the

department of administration for the payment of debt service. These indirect cost recoveries shall

be applied to all accounts, unless prohibited by federal law or regulation, court order, or court

settlement. The following restricted receipt accounts shall not be subject to the provisions of this

section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Department of Human Services

     Veterans' home -- Restricted account

     Veterans' home -- Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran's Cemetery Memorial Fund

     Donations -- New Veterans' Home Construction

     Department of Health

     Providence Water Lead Grant

     Childhood immunization account

     Adult immunization account

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     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund -- Interest revenue

     Department of Public Safety

     Forfeited property -- Retained

     Forfeitures -- Federal

     Forfeited property -- Gambling

     Donation -- Polygraph and Law Enforcement Training

     Rhode Island State Firefighter's League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property -- Gambling

     Department of Administration

     RI Health Benefits Exchange

     Office of Management and Budget

     Information Technology Investment Fund

     Restore and replacement -- Insurance coverage

     Convention Center Authority rental payments

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     Investment Receipts -- TANS

     Car Rental Tax/Surcharge-Warwick Share

     Housing Resources Commission Restricted Account

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children's Trust Accounts -- SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses -- State Retirement System

     Retirement -- Treasury Investment Options

     Defined Contribution -- Administration - RR

     Violent Crimes Compensation -- Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account.

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee for Service Account

     Davies Career and Technical School Local Education Aid Account

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     Davies -- National School Breakfast & Lunch Program

     Office of the Post-Secondary Commissioner

     Westerly Higher Education and Industry Center

     Department of Labor and Training

     Job Development Fund

     Department of Transportation

     Rhode Island Highway Maintenance Account

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

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     This act would exempt the adult and child immunization accounts from recoupment of

indirect costs from the monies collected to fund the immunization programs.

     This act would take effect upon passage.

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